375 U.S. 405 (1964) Cited 213 times 1 Legal Analyses
Holding that the Act “prohibits not only intrusive threats and promises but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization and is reasonably calculated to have that effect.”
In Surprenant Mfg. Co. v. N.L.R.B., 341 F.2d 756 (6th Cir. 1965) this Court approved as non-threatening, language of the employer which was much stronger than that used in the present case.
In NLRB v. Threads, Inc., 308 F.2d 1, 9 (4th Cir. 1962), in which I concurred, we made the logic-defying statement that prior (or presumably simultaneous) unlawful labor practices can "not transform protected free speech into unlawful and unprotected speech."
In N.L.R.B. v. Ace Comb Co., 342 F.2d 841 (8th Cir. 1965) and N.L.R.B. v. Bird Machine Co., 161 F.2d 589 (1st Cir. 1947), where instructions to supervisory employees not to make coercive statements did not relieve employer of imputed liability it is indicated that it might be otherwise if these instructions had been communicated to the employees.